Constitutional Law & Writs Precedents Digest

Binding Supreme Court Constitution Bench rulings on Article 21 personal liberty & speedy trial, Article 14 equality & arbitrariness, basic structure doctrine, electoral democracy, and Article 32/226 writ remedies.

Showing all 41 Precedents
Constitutional Law
5-Judge Bench 2024

ADR v. Union of India (Electoral Bonds)

(2024) 5 SCC 1 | 5-Judge Bench
Electoral Bonds VoidRight to Know (Art. 19)Proportionality Test

Unanimous 5-Judge Bench striking down the Electoral Bonds Scheme and corporate funding deregulations as violative of the voter's right to information.

Constitutional & Criminal
5-Judge Constitution Bench 2024

High Court Bar Association, Allahabad v. State of U.P.

(2024) 6 SCC 267
Interim Stay OrdersArticle 226Asian Resurfacing Overruled

5-Judge Constitution Bench overrules Asian Resurfacing; holds that interim stay orders granted by High Courts cannot automatically lapse after six months.

Constitutional Law
5-Judge Constitution Bench 2023

Anoop Baranwal v. Union of India

(2023) 6 SCC 161 | 5-Judge Bench
ECI IndependenceTripartite SelectionArticle 324(2)

Unanimous 5-Judge Constitution Bench mandating an independent selection committee comprising PM, LoP, and CJI to preserve electoral democracy and rule of law.

Constitutional & Civil
7-Judge Constitution Bench 2023

In Re: Interplay (Arbitration & Stamp Act)

(2024) 6 SCC 1 | 7-Judge Bench
7-Judge Constitution BenchNN Global OverruledStamping Curable Defect

Unanimous 7-Judge Constitution Bench ruling that non-stamping does not render arbitration agreements void, restricting Section 8/11 review to existence.

Constitutional & Civil
Constitution Bench 2023

Kaushal Kishor v. State of U.P.

(2023) 4 SCC 1 | 5-Judge Bench
Horizontal RightsArt. 19 & 21Exhaustive 19(2)

Constitution Bench ruling that fundamental rights under Articles 19 and 21 are enforceable against private entities, and speech grounds in 19(2) cannot be judicially expanded.

Constitutional Law
5-Judge Bench 2023

Supriyo v. Union of India (Marriage Equality)

(2023) INSC 920 | 5-Judge Bench
Marriage EqualitySpecial Marriage ActNon-Discrimination

Ruling no fundamental right to marry under Part III and leaving marriage reform to Parliament, while affirming the right to be free from discrimination.

Constitutional & Commercial
5-Judge Constitution Bench 2023

Vivek Narayan Sharma (Demonetisation)

(2023) 3 SCC 1 | 5-Judge Bench
Demonetisation UpheldProportionality TestSec. 26(2) RBI Act

5-Judge Constitution Bench applying the 4-prong proportionality test to uphold currency demonetisation under Section 26(2) of the RBI Act.

Constitutional Law
3-Judge Bench 2020

Anuradha Bhasin v. Union of India

(2020) 3 SCC 637 | 3-Judge Bench
Internet as Fundamental MediumProportionality StandardSection 144 Restrictions

Declaring freedom of speech and trade over internet fundamental rights under Article 19, ruling indefinite internet shutdowns illegal.

Constitutional & Criminal
Division Bench 2020

Arnab Manoranjan Goswami v. State of Maharashtra

(2021) 2 SCC 427 | Division Bench
Article 21 BailSection 482 CrPCAbetment of SuicideHigh Court Powers

Landmark Supreme Court ruling on personal liberty: High Courts have duty under Article 226 and Section 482 CrPC to prevent misuse of criminal law and grant interim bail where no prima facie offence exists.

Constitutional Law
5-Judge Bench 2019

M. Siddiq v. Mahant Suresh Das (Ayodhya)

(2020) 1 SCC 1 | 5-Judge Bench
Ayodhya Title VerdictArticle 142 EquityPlaces of Worship Act

Unanimous 5-Judge Bench settling the Ayodhya dispute on possessory proof; awarding land for temple and directing 5-acre allotment for mosque under Article 142.

Constitutional & Civil
Division Bench 2019

Swiss Ribbons v. Union of India

(2019) 4 SCC 17 | Division Bench
IBC Validity UpheldSection 29A BarCoC Commercial Wisdom

Seminal ruling upholding the constitutional validity of the Insolvency and Bankruptcy Code 2016, Section 29A, and CoC primacy.

Constitutional Law
5-Judge Bench 2018

Common Cause v. Union of India

(2018) 5 SCC 1 | 5-Judge Bench
Passive EuthanasiaLiving WillDie with Dignity

Legalizing passive euthanasia and recognizing Advance Medical Directives (Living Wills) as an intrinsic facet of the right to live with dignity under Article 21.

Constitutional Law
5-Judge Bench 2018

Indian Young Lawyers Assn. (Sabarimala)

(2018) 11 SCC 1 | 5-Judge Bench
Sabarimala Temple EntryERP TestGender Dignity

Striking down the ban on women aged 10–50 entering Sabarimala Temple; holding physiological biological factors cannot justify religious exclusion.

Constitutional Law
9-Judge Bench 2017

Justice K.S. Puttaswamy v. Union of India

(2017) 10 SCC 1 | 9-Judge Bench
Right to PrivacyArticle 21Proportionality

Unanimous 9-Judge Bench declaring Right to Privacy a Fundamental Right under Article 21, establishing 4-pronged proportionality test.

Constitutional Law
5-Judge Bench 2017

Shayara Bano v. Union of India

(2017) 9 SCC 1 | 5-Judge Bench
Manifest ArbitrarinessTriple Talaq VoidArticle 14

Declaring instant Triple Talaq unconstitutional and establishing the landmark doctrine of Manifest Arbitrariness under Article 14.

Constitutional Law
5-Judge Bench 2016

Supreme Court AOR Ass'n (NJAC)

(2016) 5 SCC 1 | 5-Judge Bench
NJAC Struck DownJudicial IndependenceCollegium Revived

Historic 5-Judge Bench invalidating the 99th Constitutional Amendment and NJAC Act, ruling judicial independence an inviolable basic structure facet.

Constitutional Law
Division Bench 2015

Shreya Singhal v. Union of India

(2015) 5 SCC 1 | Division Bench
Section 66A Struck DownTripartite Speech TestIntermediary Safe Harbor

Striking down Section 66A IT Act for vagueness and chilling effect; establishing the tripartite distinction between discussion, advocacy, and incitement.

Constitutional Law
Division Bench 2013

Lily Thomas v. Union of India

(2013) 7 SCC 653 | Division Bench
Section 8(4) RPAInstant DisqualificationConvicted LegislatorsArticles 102 & 191

Striking down Section 8(4) of the Representation of the People Act, 1951; mandating that sitting MPs and MLAs convicted of criminal offences stand disqualified instantaneously upon conviction.

Constitutional & Criminal
3-Judge Bench 2010

Selvi v. State of Karnataka

(2010) 7 SCC 263 | 3-Judge Bench
Narco-Analysis BarredMental PrivacyArt. 20(3) & 21

Landmark 3-Judge Bench declaring involuntary narco-analysis, polygraph, and BEAP tests unconstitutional under Articles 20(3) and 21, establishing cognitive mental privacy.

Constitutional Law
9-Judge Bench 2007

I.R. Coelho v. State of Tamil Nadu

(2007) 2 SCC 1 | 9-Judge Bench
Ninth Schedule ReviewPost-1973 ScrutinyRights Test

Holding that laws inserted into Ninth Schedule on or after April 24, 1973 are subject to Basic Structure judicial review under the Rights Test.

Constitutional & Civil
3-Judge Bench 2006

Prakash Singh v. Union of India

(2006) 8 SCC 1 | 3-Judge Bench
7 Police DirectivesFixed 2-Yr TenurePolice Complaints Auth.

Historic judgment issuing seven binding directives under Articles 32 and 142 to insulate police forces from political interference and separate law and order from investigation.

Constitutional & Civil
11-Judge Bench 2002

T.M.A. Pai Foundation v. State of Karnataka

(2002) 8 SCC 481 | 11-Judge Bench
Educational AutonomyArt. 30 MinoritiesUnni Krishnan Overruled

Magisterial 11-Judge Bench establishing operational autonomy for private unaided colleges under Article 19(1)(g) and state-wise determination of minorities.

Constitutional Law
5-Judge Constitution Bench 2001

Danial Latifi v. Union of India

(2001) 7 SCC 740 | 5-Judge Bench
1986 Act ValidatedLifetime ProvisionArticles 14 & 21

5-Judge Constitution Bench upholding the 1986 Act by interpreting Section 3(1)(a) to mandate reasonable and fair provision for the divorced wife's lifetime.

Constitutional & Criminal
3-Judge Bench 1998

Vineet Narain v. Union of India

(1998) 1 SCC 226 | 3-Judge Bench
Continuing MandamusCBI AutonomyCVC Statutory Status

Seminal 3-Judge Bench formalising the doctrine of continuing mandamus, striking down the Single Directive, and conferring statutory autonomy upon the CVC and CBI.

Constitutional Law
3-Judge Bench 1997

Vishaka v. State of Rajasthan

(1997) 6 SCC 241 | 3-Judge Bench
Vishaka GuidelinesWorkplace HarassmentPOSH Genesis

Workplace sexual harassment violates Articles 14, 19, and 21; applying CEDAW under Article 51(c) to lay down binding national guidelines.

Constitutional Law
9-Judge Bench 1994

S.R. Bommai v. Union of India

(1994) 3 SCC 1 | 9-Judge Bench
Secularism & FederalismArticle 356 GuidelinesFloor Test Imperative

Holding Secularism and Federalism to be Basic Structure; subjecting Article 356 to strict judicial review and barring premature assembly dissolutions.

Constitutional & Criminal
5-Judge Constitution Bench 1994

Sanjay Dutt v. State through CBI

(1994) 5 SCC 410
5-Judge BenchDefault BailSection 167(2) CrPC

Constitution Bench rules that the indefeasible right to default bail under Section 167(2) CrPC accrues upon expiry of statutory period, but must be availed before chargesheet is filed.

Constitutional Law
9-Judge Bench 1992

Indira Sawhney v. Union of India

(1992) Supp (3) SCC 217 | 9-Judge Bench
50% Quota CeilingCreamy Layer DoctrineMandal Case

Landmark 9-Judge Bench upholding 27% OBC quota, establishing 50% reservation ceiling, creamy layer exclusion, and barring promotional quotas.

Constitutional Law
5-Judge Bench 1987

M.C. Mehta v. Union of India

(1987) 1 SCC 395 | 5-Judge Bench
Absolute LiabilityOleum Gas LeakDeep Pocket Compensation

Originating the Absolute Liability doctrine for hazardous enterprises with no exceptions, expanding Article 32 compensatory remedy powers.

Constitutional & Criminal
5-Judge Constitution Bench 1985

Mohd. Ahmed Khan v. Shah Bano Begum

(1985) 2 SCC 556 | 5-Judge Bench
Sec 125 CrPC / BNSS 144Divorced Muslim WifeMahr & Maintenance

5-Judge Constitution Bench holding Section 125 CrPC is a secular welfare provision overriding personal laws to prevent destitution of divorced wives.

Constitutional & Civil
5-Judge Constitution Bench 1985

Olga Tellis v. Bombay Municipal Corp.

(1985) 3 SCC 545 | 5-Judge Bench
Right to LivelihoodPavement DwellersAudi Alteram Partem

5-Judge Constitution Bench ruling that the Right to Life under Article 21 includes the Right to Livelihood, mandating procedural fairness before evictions.

Constitutional Law
3-Judge Bench 1984

Bandhua Mukti Morcha v. Union of India

(1984) 3 SCC 161 | 3-Judge Bench
Bonded Labour AbolitionArticle 23 & 21Epistolary PIL Jurisdiction

Landmark PIL expanding Article 21 to human dignity, creating epistolary jurisdiction and socio-legal inquiry commissions to eradicate bonded labour.

Constitutional & Civil
7-Judge Bench 1981

S.P. Gupta v. Union of India

1981 Supp SCC 87 | 7-Judge Bench
PIL Locus StandiRight to Know (19(1)(a))Open Governance

Foundational 7-Judge Bench establishing the PIL locus standi charter, the right to information under Article 19(1)(a), and narrowing state privilege.

Constitutional Law
5-Judge Bench 1980

Minerva Mills Ltd. v. Union of India

(1980) 3 SCC 625 | 5-Judge Bench
Limited Amending Power42nd Amendment InvalidationParts III & IV Harmony

Invalidating Sections 4 and 55 of the 42nd Amendment; Parliament cannot turn a limited amending power under Article 368 into an absolute power.

Constitutional & Criminal
3-Judge Bench 1979

Hussainara Khatoon v. State of Bihar

(1980) 1 SCC 81 | 3-Judge Bench
Right to Speedy TrialFree Legal Aid (Art. 39A)Bail Reform & BNSS 479

Foundational PIL establishing speedy trial and free legal aid as fundamental rights under Article 21, directing mass release of languishing undertrials.

Constitutional Law
7-Judge Bench 1978

Maneka Gandhi v. Union of India

(1978) 1 SCC 248 | 7-Judge Bench
Golden TriangleSubstantive Due ProcessArticle 21

Establishing the Golden Triangle of Articles 14, 19, and 21; procedure under Article 21 must be just, fair, and reasonable.

Constitutional & Criminal
1978

Nandini Satpathy v. P.L. Dani

(1978) 2 SCC 424
Article 20(3)Right to SilenceSec 180 BNSS

Article 20(3) privilege against self-incrimination and Section 161(2) CrPC right to silence extend to suspect interrogation and police investigations.

Constitutional Law
5-Judge Bench 1975

Indira Nehru Gandhi v. Raj Narain

(1975) Supp SCC 1 | 5-Judge Bench
Basic StructureFree & Fair ElectionsArticle 329A Struck Down

First application of Basic Structure doctrine to strike down Article 329A(4); holding Free & Fair Elections and Rule of Law unamendable.

Constitutional Law
13-Judge Bench 1973

Kesavananda Bharati v. State of Kerala

(1973) 4 SCC 225 | 13-Judge Bench
Basic Structure DoctrineArticle 368Judicial Review

Historic 13-Judge Bench ruling that Parliament cannot alter or destroy the Basic Structure of the Constitution under Article 368.

Constitutional & Commercial
11-Judge Bench 1970

R.C. Cooper v. Union of India

(1970) 1 SCC 248 | 11-Judge Bench
Direct Effect TestBank NationalisationArts. 14, 19 & 31

Landmark 11-Judge Bench establishing the Direct Effect test, overruling Gopalan's silo doctrine, and laying the Golden Triangle foundation.

Constitutional & Criminal
11-Judge Constitution Bench 1961

State of Bombay v. Kathi Kalu Oghad

AIR 1961 SC 1808 | 11-Judge Constitution Bench
Article 20(3)Self-IncriminationHandwriting Specimen11-Judge Bench

Historic 11-Judge Bench ruling holding that compelling an accused to give handwriting specimens, thumb impressions, or body measurements does not violate Article 20(3) self-incrimination.

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